Will he be eligible for the Death Penalty? Being the Victim is LEO. If- When he's convicted.
I'm not an attorney nor do I play one on tv but I think the death penalty is reserved for capital cases but a judge can overrule a jury and assign the death penalty if they decide.
Judges can no longer over rule the jury and give the death penalty if the jury votes for life. That changed a few years ago. They can recommend death and the judge overrule and give life, but not the other was around.
Killing a law enforcement officer in the line of duty is a death eligible offense.
